Attorney Pat McInerney says the governor's comments before the release of a House report violated a gag order in his criminal case

Share

Shares

Copy Link

{copyShortcut} to copy
Link copied!

Updated: 9:09 PM CDT Apr 11, 2018

Hide TranscriptShow Transcript

WEBVTT PUT OUT INFORMATION THAT THE WOMAN INVOLVED IN THE AFFAIR HAD SAID SHE MIGHT HAVE DREAMED IT. HER ATTORNEY DENIED THAT CLAIM AND IT LED THE JUDGE IN THE CASE TO SAY NO ONE INVOLVED CAN TALK ABOUT TESTIMONY OR INNOCENCE. THE ATTORNEY WE SPOKE WITH SAID THE GOVERNOR MAY HAVE VIOLATED BOTH. GOV ERIC GREITENS STARTED DEFENDING HIMSELF EVEN BEFORE A HOUSE COMMITTEE RELEASED A GRAPHIC REPORT ON HIS 2015 AFFAIR >> FIX CHARGES AND FALSEHOODS ARE NOT GOING TO STOP US. REPORTER: GOV ERIC GREITENS STARTED DEFENDING HIMSELF EVEN BEFORE A HOUSE COMMITTEE RELEASED A GRAPHIC REPORT ON HIS 2015 AFFAIR. >> LET’S CALL THIS WHAT IT IS. A POLITICAL WITCHHUNT BASED ON THE TESTIMONY OF SOMEONE WHO SAID UNDER OWN THAT THEY MAY BE REMEMBERING THIS THROUGH ADRIAN. -- A DREAM. REPORTER: BUT STATEMENTS LIKE THAT SEEM TO VIOLATE A NEW GAG ORDER FROM THE COURT FOR GREITEN’S CASE. >> OFTEN TIMES A JUDGE WILL SAY OK, PARTIES, WITNESSES, LAWYERS, EVERYBODY HAS TO BE QUIET BECAUSE WHATEVER YOU SAY IS GETTING COVERED A LOT. REPORTER: PAT MCINERNEY IS A FORMER FEDERAL PROSECUTOR. >> THE GAG ORDER WAS PRETTY SPECIFIC, WHO IT APPLIED TO, WHAT WAS PROHIBITED FROM BEING SAID. REPORTER: PART OF THAT SPECIFICALLY INCLUDES PUBLIC STATEMENTS ABOUT GUILT OR INNOCENCE. >> IN JUST 33 DAYS, THE COURT OF LAW AND A JURY OF MY PEERS WILL LET EVERYONE IN MISSOURI KNOW THE TRUTH AND PROVE MY INNOCENCE. >> I THINK YOU’D BE HARD PRESSED TO SAY THAT THOSE ARE NOT STATEMENTS THE JUDGE WAS TALKING ABOUT WHEN HE ISSUED THIS GAG ORDER. REPORTER: IF THE JUDGE AGREES, THE PUNISHMENT COULD BE ANYTHING FROM CONTEMPT OF COURT TO FINES. >> THERE’S NOT A PLAYBOOK ON THIS. IT’S COMPLETELY WITHIN THE JUDGE’S DISCRETION. REPORTER: THE GOAL IS TO KEEP THE JURY FAIR. SOMETHING MCINEREY SAYS IS TOUGH IN HIGH PROFILE CASES, BUT NOT IMPOSSIBLE. >> IT TAKES LONGER AND IT TAKES MORE WORK BUT IT CAN BE DONE. REPORTER WHILE THE JUDGE DID MENTION HE WAS CONCERNED THE HOUSE REPORT MIGHT ALSO TAINT THE JURY, MCINERNEY SAYS THE GAG ORDER DOESN’T APPLY TO THE HOUSE BECAUSE THE JUDGE DOESN’T CONTROL THEM. STEVEN: THE FULL LEGISLATIVE REPORT IS ON OUR MOBILE APP AND KMBC.COM. WE WARN YOU, SOME OF THE CONTENT IS GRAPHIC. ALSO ONLINE, YOU CAN WATCH THE GOVERNOR’S FULL STATEMENT ABOUT THE RE

There are concerns Gov. Eric Greitens’s comments before the release of a graphic report from a Missouri House committee may have violated a recent gag order in his criminal trial.

On Monday, Greitens's attorneys put out information that the woman involved in the Governor’s 2015 affair had said she might have dreamed that he took her photo.

Advertisement

Her attorney denied that claim, and it led the judge in the invasion of privacy case to issue a gag order.

"Often times, a judge will say, ‘ok, parties, witnesses, lawyers, everybody has to be quiet because whatever you say is getting covered a lot’," Pat McInerney, a former federal prosecutor, said.

Greitens spoke about the case Wednesday as he defended himself before the release of a report from the House.

“Fake charges and falsehoods aren't going to stop us,” he said. Let's call this what it is. “A political witch hunt, now based on the testimony of someone who said under oath they may be remembering this through a dream.”

His words touch on both testimony and innocence, both are topics included in the gag order.

“In just 33 days, a court of law and jury of my peers will let every person in Missouri know the truth and prove my innocence,” Greitens said.

"I think you'd be hard pressed to say that those are not statements the judge was talking about when he issued this gag order,’ McInerney said.

If the judge agrees, the punishment could be anything from contempt of court to fines.

"There's not a playbook on this,” McInerney said. “It's completely within the judge's discretion."

The goal is to keep the jury fair. Something McInerey says is tough in high profile cases, but not impossible. Solutions range from postponing the trial to a larger jury pool.

"It takes longer and it takes more work, but it can be done,” McInerney said.

While the judge did mention he was concerned the House report might also taint the jury, the gag order only applied to parties in the case, which doesn’t include the House committee.